Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Environment & Energy Committee

HB 1444

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning appliance efficiency standards.

Sponsors: Representatives Morris, Fitzgibbon, Tarleton and Ormsby; by request of Department of Commerce.

Brief Summary of Bill

  • Repeals federally-preempted appliance efficiency and testing standards.

  • Amends the state appliance efficiency and testing standards for certain state-covered appliances.

  • Establishes new minimum efficiency and testing standards for certain appliances.

  • Authorizes the Department of Commerce to adopt rules that incorporate by reference federal efficiency standards for federally covered products only as the standards existed on January 3, 2017.

Hearing Date: 1/29/19

Staff: Nikkole Hughes (786-7156).

Background:

Appliance Efficiency and Testing Standards.

Federal law generally allows states to establish minimum efficiency and testing standards for products that are not covered by federal appliance efficiency regulations. Once a federal efficiency standard is established for a given appliance, the federal standard will preempt existing state standards unless the state is granted a waiver of federal preemption. Appliances for which federal efficiency and testing standards have been established include:

Washington law sets minimum efficiency and testing standards for several categories of appliances sold, offered for sale, or installed in the state, including:

The Department of Commerce (Department) may recommend updates to the state appliance efficiency and testing standards. The Department may also recommend establishing state standards for additional non-federally covered appliances. In making its recommendations, the Department must use certain criteria, including that:

Water Conservation Performance Standards.

The State Building Code Council (SBCC) is required to adopt rules that implement and incorporate water conservation performance standards for certain plumbing fixtures. The state water conservation performance standards supersede all local government codes. After July 1, 1990, cities, towns, and counties may not amend or otherwise adopt water conservation performance standards for certain plumbing fixtures.

Summary of Bill:

Repeal of Federally-Preempted Appliance Efficiency and Testing Standards.

The state appliance efficiency and testing standards for the following products have been preempted by federal standards and are repealed:

Amendments to Existing State Appliance Efficiency and Testing Standards.

Beginning January 1, 2021, portable electric spas must meet the efficiency requirements of, and be tested in accordance with, the American National Standards for Portable Electric Spa Energy Efficiency (ANSI/APSP/ICC-14 2014).

Showerhead tub spout diverter combinations must meet both the state standard for tub spout diverters and the state standard for showerheads.

The idle energy rate of commercial hot food holding cabinets must be determined using the ANSI/ASTM F2140-11 standard test methods for the performance of hot food holding cabinets.

The state standards for hot water dispensers, bottle-type water dispensers, and point-of-use water dispensers expire on January 1, 2020.

New State Appliance Efficiency and Testing Standards.

State appliance efficiency and testing standards are established for the following appliances:

Other than portable air conditioners, these appliances, if manufactured on or after January 1, 2021, may not be sold or offered for sale, lease, or rent in the state unless the efficiency of the new product meets or exceeds the state's efficiency standards.

No new portable air conditioner manufactured on or after January 1, 2022, may be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the state's efficiency standards.

Department of Commerce.

The Department of Commerce (Department) may adopt rules that incorporate by reference federal efficiency standards for federally covered products only as the standards existed on January 3, 2017. The Department must regularly submit a report to the Legislature on federal standards that preempt the state appliance efficiency and testing standards. Any report on federal preemption must be transmitted at least 30 days before the state of any regular legislative session.

Repeal of Certain Water Conservation Performance Standards.

The following provisions are repealed:

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.